Parking Eye 2nd letter reply help

[Bob Kats]

Hi, I have received a parking charge for an overstay as captured by camera and have sent this reply to the first letter

 

As registered keeper of vehicle reg no. xxxxxx, I have received parking chargeicon notice ref xxxxxxxx.

Take this letter as my appeal, as I am not liable for this charge.

Please cancel this charge forthwith, or issue a validation code for the independent appeals service POPLAicon.

I am under no obligation to name the driver the vehicle.

No other correspondence will be entered into.

 

 

This is the response letter that I got on Monday

 

We are writing to advise you that your recent appeal has been referred for further information.

 

You have stated that you were not the driver of the vehicle at the time and date of the breech of the terms and conditions of the car park, but you have not indicated who was.

 

 

It then goes on to give some sections such as 9(2)(b) and 9(2)(f).

 

What should my reply be??

 

Kind regards

Edited June 10, 2014 by Bob Kats

[themagician]

are you sure it says fine ???.

[Bob Kats]

No. sorry it says Parking Charge will edit it

[silverfox1961]

Hi and welcome to CAG

 

As they have not supplied a POPLA code in the first instance, you will need to write back demanding it and also report them to the BPA for failing to follow the protocols which should be used.

 

They are trying to use the 'further information' ruse to get you out of time for the POPLA appeal.

 

You need the POPLA code so that once your appeal goes in PE tend to lose. In fact, from recent postings, they don't seem to send an evidence bundle to you or POPLA and as such, the appeal is upheld

[Bob Kats]

Thanks for taking the time to reply.

 

How should the letter for demanding a popla code be worded?

 

How should my complaint letter to BPA be worded and what evidence should I include?

 

Kind regards

[armadillo71]

Thanks for taking the time to reply.

 

How should the letter for demanding a popla code be worded?

 

How should my complaint letter to BPA be worded and what evidence should I include?

 

Kind regards

 

Refer to your original appeal to PE and send it again to them.

Copy in/send to BPA as well with covering note stating that they are not following the COP that they must do, to allow electronic access to the DVLA.

[Bob Kats]

Should I inform PE that I am complaining to BPA about non conformance in my reply to them?

[Bob Kats]

Also what is the COP? I would like to quote this in my covering letter to BPA

[armadillo71]

The POPLA timescale is 28 days from issue. PE will not have 'started the clock' yet. Other PPCs will do though. It is easy to check the code when you receive it.

 

What car park was the anpr capture in?

[armadillo71]

Also what is the COP? I would like to quote this in my covering letter to BPA

 

Code Of Practice.

 

Yes. Inform PE.

[Bob Kats]

which part of the code of practice are they not conforming too? or does simply stating you are not conforming to the code of practice outlined by BPA do enough?

[Bob Kats]

The car park was ST. Peter's Retail Park

[armadillo71]

*

which part of the code of practice are they not conforming too? or does simply stating you are not conforming to the code of practice outlined by BPA do enough?

 

There is notice from the BPA to its members stating that they should not be stalling on issuing POPLA codes. Can't find it at the moment but will do later. (Or someone else will!).

 

St peters retail park in Northampton?

[Bob Kats]

Mansfield

[labrat]

again

 

im sorely tempted to walk in of the car park holding a number plate, then walk out again a few hours later backwards holding the same plate see what happens

[labrat]

http://www.consumeractiongroup.co.uk/forum/showthread.php?421806-Parking-Eye-Tissue-paper-Sutton-in-ashfield*Won-at-POPLA*-No-evidence-from-PE

 

read that one

 

its sutton in ashfield parking eye again, expect a miss-leading letter next

oh and remind them their in the chad several times

[armadillo71]

which part of the code of practice are they not conforming too? or does simply stating you are not conforming to the code of practice outlined by BPA do enough?

 

From the BPA COP;

 

22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times.

 

 

This is what I was referring to earlier. Unfortunately it is a reply to an individual on another forum from the DVLA. Good info but can't really quote it.

 

Dear Mr XXXX,

 

Thank you for your patience in this matter.

 

The British Parking Association have now provided a response to myself.

 

The BPA have confirmed that this practice should not be occurring (as we already knew) and have taken steps to address this behaviour throughout the industry as this may not be an isolated incident.

 

The following message has now been issued by the BPA to all of their members...

 

“the following practices may be considered as Code breaches and must not be continued:

• Asking the motorist to enter into additional correspondence to obtain a POPLA code*

• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence*

• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection*

• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “

I am hoping that this type of incident will not be occurring any more.

 

I wish to thank you of bringing this matter to the DVLA’s attention and ultimately, the BPA’s.

 

If you do encounter any further issues such as this, please do not hesitate to contact myself.

 

Kind regards